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Essay on whether a solicitor can refuse to act for a client

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Essay on whether a solicitor can refuse to act for a client including the duties of solicitors, the role of the retainer and the ethical approaches when acting as a solicitor.

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Essay on whether a solicitor can refuse to act for a client
Topics this document covers:
Philosophy of life Ethics Philosophy Moral responsibility Morality Academia Christine Parker David Luban Paul Tremblay
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Topics this document covers:
Philosophy of life Ethics Philosophy Moral responsibility Morality Academia Christine Parker David Luban Paul Tremblay
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A solicitor owes particular duties to a client however these are often challenged in relation to morality and personal interest. This conflict has been developed through legal ethics theory to illustrate how a solicitor must operate, and how and when to refuse particular cases. In regards to rejecting a client, Christine Parker suggests that a solicitor tends to fall under the moral activist approach due to the reliance on morality in shaping decisions.1 The moral activist approach is further complemented by ethics theorist David Lublan2 and Paul Tremblay3 in their respective papers. In essence, the moral activist approach values the personal morality of the solicitor over the legal claim; and this is initially determined by the retainer. The role of the retainer is crucial in understanding whether a solicitor can refuse...
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